SOVAREX SA v ROMERO ALVAREZ SA

[2011] Lloyd's Rep Plus 66

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Hamblen

Arbitration - Award - Enforcement - Award creditor seeking to enforce FOSFA arbitration award as a judgment - Award debtor had denied existence of underlying contract and brought proceedings in Spain for declaration of non-liability - Spanish court dismissed proceedings on procedural grounds - Whether award debtor lost right to object to enforcement by participating in arbitration - Whether summary enforcement procedure appropriate to determine disputed issues of fact - Whether English judgment would constitute interference with jurisdiction of Spanish court - Whether English court bound to recognise interim orders of Spanish court dismissing award creditor's application for stay of Spanish proceedings in favour of arbitration - Whether court should decline jurisdiction on lis alibi pendens or forum non conveniens grounds - Arbitration Act 1996, sections 66 and 73 - Council Regulation (EC) No 44/2001, article 33(1).